Case law

In Re Public Service Co. of New Hampshire

114 B.R. 820 · United States Bankruptcy Court, D. New Hampshire · May 17, 1990

Bankruptcy Rule 9019 establishes the discretionary power of a bankruptcy court to approve or disapprove compromises or settlements. … 609, 619 , 102 L.Ed.2d 646 (1989) (“The risks a utility faces are in large part defined by the rate methodology because utilities are virtually always public monopolies dealing in an essential service, and so relatively immune

SE Property Holdings, LLC v. Stewart

United States Bankruptcy Court, W.D. Oklahoma · Aug 3, 2022

The revised Rule therefore clearly contemplates that the proponent of evidence will have the ability to address the opponent's objections, and the Rule allows the court to give the proponent “an … Debtors also assert that the Dowd Report fails to establish that he is a qualified expert in the field of jewelry appraisal.

Cashflow Design, Inc. v. Foster (In Re Comprehensive Business Systems, Inc.)

119 B.R. 573 · United States Bankruptcy Court, S.D. Ohio · Aug 24, 1990

Townsend Foster, Jr. is the duly qualified and acting successor Interim Trustee of the estate of Comprehensive Business Systems, Inc. (hereinafter “Trustee”). 2. Cashflow Design, Inc. … The court therefore finds that, in the aggregate, there is insufficient evidence to clearly establish the existence of conditions precedent to the obligation of Cashflow to perform the settlement agreement.

In Re Kemeta, LLC

470 B.R. 304 · United States Bankruptcy Court, D. Delaware · May 4, 2012

Caliber therefore argues that the Agreement was non-executory on the Petition Date on this basis, and that it does not qualify for entitlement under Section 365(n). 118. … Clearly, this cannot be the law. 130. Applying the holding in W & L Associates to the facts of this case it is clear the License Agreement is executory.

Young v. Young (In re Young)

497 B.R. 904 · United States Bankruptcy Court, W.D. Arkansas · Jun 10, 2013

Given that range, the appellate court determined that a $5000 a month basis for calculating alimony was not clearly erroneous. (Debtor’s Ex. 43 at 2.) III. … Because postpetition domestic support obligations are not part of the debt owed as of the date of the petition, such debts qualify as unmatured. See, e.g., Burnett, 646 F.3d at 582 (citing Foster v.

Phoenix Swimming, LLC

United States Bankruptcy Court, D. New Hampshire · Apr 4, 2025

The First Circuit Court of Appeals has not established a specific standard. Id. … He established that Phoenix has three unpaid debts, the amount Phoenix owes on the Judgment, the Fee Award, and the American Express debt.

Genevievette Walker-Lightfoot

United States Bankruptcy Court, D. Maryland · Mar 27, 2024

The Debtor’s amended Schedule C provides no information that would explain why or how a legal malpractice claim qualifies for a personal injury exemption under state law. … To recover non-economic damages, that physical injury must also be ‘clearly apparent and substantial,’ more than something merely distressing. Roebuck v. Steuart, 76 Md.

United States v. Krause (In Re Krause)

386 B.R. 785 · United States Bankruptcy Court, D. Kansas · Apr 21, 2008

The fifth badge of fraud — inadequacy of consideration — has been clearly established by the evidence. … Ex. 34. 24 .The Court questions whether a like-kind exchange of real property used as personal residences qualifies as a tax-free exchange under IRC § 1031.

Quality Spice Corp. v. Federation Warehouse (In re Quality Spice)

109 B.R. 84 · United States Bankruptcy Court, D. New Jersey · Dec 28, 1989

Ludwig Mueller cannot qualify as a buyer in the ordinary course. … To establish its superior ownership claim, DMT has submitted the negotiable delivery order from Gel Spice (Dolev Aff. Exh.

Gore v. United States (In Re Gore)

182 B.R. 293 · United States Bankruptcy Court, N.D. Alabama · Jan 9, 1995

Since the statute uses the disjunctive, a tax penalty that does not qualify for discharge under one of the two aforementioned circumstances may still qualify under the other. … They establish the statutes of limitations on the IRS’s rights of assessment and collection of taxes.

Bankruptcy Services, Inc. v. Ernst & Young (In Re CBI Holding Co.)

247 B.R. 341 · United States Bankruptcy Court, S.D. New York · Apr 5, 2000

Facts Establishing That E & Y’s Conduct Was The Proximate Cause Of the Damage 132. … Accordingly, the scienter element required to sustain a claim of fraud was established in this case. 27. Each of the other elements of common law fraud were also established by clear and convincing evidence.

City of Winston-Salem v. Northwest Child Development Centers, Inc.

United States Bankruptcy Court, M.D. North Carolina · Jun 24, 2021

Wells, 94 N.C. 67, 69 (1886) (“It is an established rule of the interpretation of deeds, that the intention of the partis should control unless inconsistent with some rule of law.”); Kea v. … App’x 749 (4th Cir. 2017) (finding qualified immunity defense waived where stated in answer, but not argued or even mentioned in the motion for summary judgment).

Riverside Acquisition Group LLC v. Vertis Holdings, Inc. (In re Vertis Holdings, Inc.)

536 B.R. 589 · United States Bankruptcy Court, D. Delaware · Sep 11, 2015

Thus, the Court finds the need for additional discovery establishes prejudice in this case. ll. … The hearing transcript clearly evidences that the Court did not decide “the ownership issue.”

Official Committee of Unsecured Creditors Ex Rel. Estate of Woodside Group, LLC v. Nilson (In Re Woodside Group, LLC)

427 B.R. 817 · United States Bankruptcy Court, C.D. California · Jan 22, 2010

The Committee Has Established a Likelihood of Success on the Merits First, the Committee has established that a benefit was conferred by Woodside Group on the Defendants. … In this regard, the Forman Enterprises case is clearly distinguishable.

Weinman v. Crowley (In re Blair)

594 B.R. 712 · United States Bankruptcy Court, D. Colorado · Nov 9, 2018

"Actual fraud" can be established circumstantially. … The Chapter 7 Trustee Did Not Establish Actual Fraud .

Henry Anesthesia Associates LLC v. Carranza, in her capacity as Administrator for the

United States Bankruptcy Court, N.D. Georgia · Jun 4, 2020

To obtain a preliminary injunction, a plaintiff “must clearly establish the following requirements: ‘(1) a substantial likelihood of success on the merits; (2) a substantial threat of irreparable injury; (3) that the … “A preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly establishes the burden of persuasion as to the four requisites.” Id. (quoting ACLU of Fla., Inc. v.

Mallinckrodt plc

United States Bankruptcy Court, D. Delaware · May 31, 2023

The word “liabilities” is subject to multiple interpretations and, as it is used here, lacks the precision necessary to clearly convey what is preserved. … In a second sense, the term ‘liability’ is the correlative of power and the opposite of immunity.

Scheidelman v. Henderson (In Re Henderson)

423 B.R. 598 · United States Bankruptcy Court, N.D. New York · Jan 27, 2010

However, if a complaint’s allegations are clearly contradicted by documents incorporated into the pleadings by reference, the Court need not accept them. Labajo v. … Qualifying statements include statements in documents, such as the bankruptcy schedules and statement of financial affairs, filed with the petition and statements by the debtor during examinations under oath.

Turner v. United States (In Re Turner)

182 B.R. 317 · United States Bankruptcy Court, N.D. Alabama · Jan 9, 1995

Since the statute uses the disjunctive, a tax penalty that does not qualify for discharge under one of the two aforementioned circumstances may still qualify under the other. … They establish the statutes of limitations on the IRS’s rights of assessment and collection of taxes.

Shovlin v. Klaas (In re Klaas)

548 B.R. 414 · United States Bankruptcy Court, W.D. Pennsylvania · Mar 1, 2016

While a court may reconsider its decision, the Supreme Court instructs that it “should be loathe to do so in the absence of extraordinary circumstances such as where the initial decision was ‘clearly erroneous and would work … To reach this conclusion, Shovlin asserts that the 60-month limitation established in section 1322 applies with equal force to the time within which payments can be made because section 1325 mandates that all plans comply